Where a statutory arbitration clause refers company disputes to arbitration under the rules of an arbitral chamber, the Court, pursuant to Article 810 of the Code of Civil Procedure, retains...
In case of interpretative doubt as to the institutional or contractual nature (arbitrato irrituale) of an arbitration clause contained in articles of association, the court must favour the qualification of...
An arbitration clause contained in a subcontract entered into for the execution of a specific and clearly identified work is not subject to the regime governing unfair contract terms under...
The objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on an arbitration clause contained in the contract underlying the claim, cannot be upheld...
The procedure for determining expropriation compensation provided for by Article 21 of Presidential Decree No. 327/2001, despite providing for the appointment of a panel of three technical experts with valuation...
In matters of corporate arbitration, where the articles of association provide for the submission to arbitrators of disputes relating to corporate relationships and one of the parties fails to appoint...
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the intention of the parties, as can be inferred from the arbitration clause: in institutional arbitration, the...
In the event of inaction by the parties in the appointment of the arbitrator, the President of the Court, upon application by the interested party pursuant to Article 810 of...
The presence of an arbitration clause in a contractual agreement does not preclude the ordinary court from having jurisdiction over matters relating to the nature and legal characteristics of a...
The distinguishing criterion between institutional arbitration and contractual arbitration (arbitrato irrituale) does not lie in the terminology adopted by the parties, but rather in the intention to confer upon the...
The arbitration clause contained in the articles of association of a company subject to judicial liquidation cannot be invoked against the liquidator exercising the action for liability provided for by...
An arbitration clause contained in a contract, whereby the parties refer future and potential disputes relating to the interpretation or performance of the contract itself to the jurisdiction of a...